The appellants appealed decisions made by Ministry of Labour inspectors regarding work refusals and staffing assignments at the Whitby Jail under the Occupational Health and Safety Act.
The responding parties brought preliminary motions to dismiss the appeals on the grounds that they were premature and did not establish a prima facie case.
The Board dismissed the preliminary motions, finding that orders had been made or refused by the inspectors, and that the appellants had established an arguable case regarding the application of the Act to the staffing decisions.